Under Muslim law, a husband can unilaterally pronounce divorce (Talaq) without court intervention. However, for legal recognition in India, especially for visa purposes, a formal decree from a court may be required. The Dissolution of Muslim Marriages Act, 1939, allows a wife to seek a decree of divorce under certain conditions, but this does not apply to your situation as you initiated the divorce.
The FRRO's requirement for a divorce decree is based on the need for formal documentation to validate your marital status for visa purposes. The Supreme Court has emphasized that foreign divorce decrees must be recognized only if they are granted on grounds recognized under Indian law and if there is voluntary submission to the foreign court's jurisdiction.
Pursuant to the most recent ruling issued by the Supreme Court, it has been determined that the divorce executed by Qazi is deemed invalid. In order to undertake any governmental procedures, such as the removal of a spouse's name from a passport, it is imperative to possess a formal court decree of divorce. To obtain such a decree, it is advisable to initiate a declaration suit in the Family Court, predicated upon the grounds of separation and the Talaq as administered by Qazi. Should the respondent fail to appear in court subsequent to being duly served with a summons, the court is authorized to issue a decree in her absence within a reasonable timeframe. Furthermore, it is pertinent to note that if the respondent has subsequently entered into a new marriage, she shall be precluded from contesting the proceedings in this matter.