NEW DELHI: A person cannot be convicted for subjecting his wife to cruelty only on the basis of his extra-marital affairs, the Supreme Court ruled on Thursday and acquitted a man whose spouse had committed suicide because of his alleged extra-marital relationship An extra-marital affair may be illegal or immoral, but it does not necessitate conviction of a husband for cruelty to his wife as "other ingredients are to be brought home so that it would constitute a criminal offence", the court said.A bench of Justices Dipak Misra and Amitava Roy also said a spouse's infidelity wasn't enough ground for conviction under abetment to suicide charge. In this case, the woman (Deepa) killed herself after seven years of marriage, unable to bear her spouse's alleged extra-marital affair. Her mother and brother also ended their lives.The court said the concept of mental cruelty depends upon the milieu and strata which the persons come. "Extra-marital relationship per se would not come within the ambit of Section 498-A IPC (subjecting wife to cruelty)," the bench said."There is no denying that cruelty need not be physical but a mental torture or abnormal behaviour that amounts to cruelty or harassment... It will depend upon the facts of the said case," the court said."Solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of his wife, that cannot be regarded as mental cruelty... for satisfying the ingredients of Section 306 IPC (abetment of suicide)," it said.The court said a woman could seek divorce and other remedy. "Having said that we intend to make it clear that if the husband gets involved in an extra-marital affair that may not in all circumstances invite conviction under IPC Section 306 (abetment to suicide) but definitely that can be a ground for divorce," it said.The trial court had convicted the man under IPC Section 498 A and the Dowry Act and sentenced him to two years. Karnataka HC also convicted him for abetment of suicide and awarded four years' rigorous imprisonment besides a fine of Rs 50,000 to be paid to the woman's father. SC has set aside the verdict."It needs to be noted that Deepa, being not able to digest the humiliation, committed suicide. The mother and the brother of Deepa also followed the same path. In such a situation, it is extremely difficult to hold that the prosecution has established the charge under Section 498A and the fact that the said cruelty induced the wife to commit suicide," the bench said.