Facts
Swiss citizen Klara M. married an Egyptian officer in Alexandria in 1955, but retained her Swiss citizenship. In 1959, the wife went to Switzerland with their common son, while the husband was repeatedly sent to Moscow for training. In October 1960, during a one-week stay of the husband at his in-laws' in Switzerland, an agreement was reached that the husband should obtain the divorce in Moscow. On October 31, 1960, the husband carried out the "divorce" in Moscow before a consular officer of the Embassy of the United Arab Republic and two witnesses, in accordance with the law of his country. A few days earlier, the wife had settled in Zurich. In April 1961, the Consulate General of the United Arab Republic in Zurich confirmed the legally valid divorce, whereupon the Civil Registry Office of the wife's hometown of Appenzell requested the Federal Office of Civil Status to examine the legal validity and registration. The Cantonal Council of the Canton of Appenzell I.Rh. rejected the registration, as the wife had already re-established her own domicile in Zurich at the time of the "divorce" and the unilateral dissolution of the marriage under Muslim law was contrary to the Swiss legal understanding.
Considerations
The Federal Supreme Court states that even if the wife had still been domiciled in Egypt at the time of the "divorce", the requirements for recognition under Art. 7 para. 3 of the Swiss Citizenship Act (NAG) would not have been…