Loophole in Petitioner's response to the counter and counter claim

10 months ago

The respondent affirms that the petitioner is physically impotent and could not consummate the marriage, but this could not be proven because the petitioner had submitted 2 certificates in the contrary. The respondent was also tortured mentally by the petitioner therefore the divorce is on the grounds of cruelty under section 13(1)(i-a) of the Hindu Marriage Act. The petitioner however wants to join back with the respondent in matrimonial life.

Now in the recent response to the counter and counter claim, the respondent found a loophole in paragraph 22 which is as follows:

"22. I deny the allegations and averments contained in para 16 of the counter and counter claim filed by the respondent as false and vexatious. Only on the love and affection towards the
respondent, I have requested to come to matrimonial house and I never feared about the disclosure of non consummation of our marriage. I never threatened the respondent that if the respondent
disclosed about the non consummation of our marriage to her parents, I would commit suicide."

In this statement " I never feared about the disclosure of non consummation of our marriage" the petitioner is agreeing that their marriage was non consummate which is contradicting to the earlier claim that the petitioner made of not being physically impotent. My question is can we use this in the court or not since the divorce request by the respondent is on the grounds of cruelty? Can this loophole be beneficial for the respondent in brining forward the truth about the physical impotence of the petitioner again?