New Delhi: A spouse being in an extramarital relationship cannot be a ground to prosecute the partner if he/she commits suicide due to strain in the relationship, SC Thursday said, adding that abetment to suicide requires a positive act of instigation.A bench of Justices K V Viswanathan and Atul Chandurkar said that to sustain a charge under Section 306 of the penal code, it must be shown the accused contributed to the suicide through a direct or indirect act, with intent. Abetment requires an active act which leaves the deceased with no other option but to take their life.Quashing the case against a man allegedly in a relationship with the deceased’s wife, SC said even if illicit relations are assumed, the mens rea to abet suicide was absent. “There is no allegation that appellant had instigated him to commit suicide or aided any act or illegal omission to bring about the suicide,” bench said.The top court set aside a Chhattisgarh HC order allowing trial on the ground that the deceased was upset with his wife’s alleged relationship. It rejected the prosecution’s plea that humiliation in the presence of her partner amounted to abetment.The relief, however, is only for the man, as the deceased’s wife, also an accused, did not challenge the trial against her. “There ought to be some material to indicate a positive act of instigation,” SC said, adding that such instigation must be proximate to the act of suicide to establish a clear nexus.