New Delhi: The Supreme Court on Thursday said being in an extramarital affair cannot be a ground to prosecute a spouse if he commits suicide due to tension in the relationship, adding that abetment to suicide requires a positive act of abetment.A bench of Justices KV Vishwanathan and Atul Chandurkar said that to sustain the charge under Section 306 of the Penal Code, it must be shown that the accused contributed to the suicide through a direct or indirect act. Provocation requires an active act that leaves the deceased with no other option than to take his or her own life.Dismissing the case against a man who allegedly had an affair with the deceased’s wife, the Supreme Court said even if an illicit relationship is assumed, there is no reason for abetment of suicide. “There is no allegation that the appellant abetted her suicide or aided her in committing suicide by any act or illegal omission,” the bench said.The top court set aside the Chhattisgarh HC order which had allowed the trial to proceed on the grounds that the deceased was upset over his wife’s alleged affair. It rejected the prosecution’s argument that the presence of his partner amounted to inciting insult.However, the relief is only for that person, as the wife of the deceased, who is also an accused, did not challenge the case against her. “There must be some material to indicate a positive act of abetment,” the Supreme Court said, adding that such abetment must be close to the act of suicide to establish a clear nexus.