Extra-marital affairs of a man and his wife's suspicion do not always amount to mental cruelty attracting the provision of abetment to suicide but can be a ground for grant of divorce, the Supreme Court said on Thursday.

The top court acquitted the man of all charges holding that these provisions including section 306 of IPC added by the Karnataka High Court and trial under section 498A of IPC were wrong.

A bench comprising justices Dipak Misra and Amitava Roy held that 'extra-marital relationship, per se, or as such would not come within the ambit of Section 498A (harassment to married woman by her husband or his family members) of IPC. It would be an illegal or immoral act, but other ingredients are to be brought home so that it would constitute a criminal offence'.